Terms Of Service

Terms Of Services

Acceptance of Terms Through Use

Before using www.monkseals.org (this “Site”) please read the following terms carefully. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS. HMMA may revise these terms from time to time. If you continue to use our Site after we post changes to these terms, it will mean that you accept such changes.

Use of Materials on This Site

This Site is owned Hawaii Marine Mammal Alliance Inc. (“HMMA”). HMMA maintains this Site for your personal, educational, non-commercial purposes. Certain pages feature online ordering capabilities. You must be 18 years of age or older to place an order with this service. All materials on this Site, including, but not limited to, artwork, photographs, maps, data, text, trademarks, service marks, and logos (“Content”) are the exclusive property of HMMA or our contributors and are copyrighted. No portion of the Content may be copied, downloaded, reproduced, reused, distributed, transmitted, or modified for any purpose without HMMA’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable laws.

To request HMMA’s authorization to use any Content displayed on the Site, please send a message to: info@HMMA.org using the subject “reprint permission.” HMMA’s failure to reply to any request to use any Content Site is NOT an implied or explicit permission to use such materials.

Copyright Complaints

HMMA respects the intellectual property of others. If you believe that your copyrighted work has been copied on the Site or any HMMA-maintained bulletin board, chat room, or list serv in a way that constitutes copyright infringement, please notify us by following our Procedure for Making Claims of Copyright Infringement.

Trademark Information

The trademarks, service marks, trade names and logos (“Marks”) displayed on this Site are registered and unregistered trademarks of HMMA, its related entities National Wildlife

Productions or third party contributors. You may not, under any circumstance, use any Mark for any purpose without the prior written permission of the owner of the Mark in question.

Outside Links

HMMA provides hyperlinks from the Site to third party sites as a convenience to users. HMMA does not endorse such third parties or the contents of any such sites. HMMA has no control over, makes no representation or warranty and disclaims all liability with respect to such sites.

Bulletin Boards/Chat Rooms/List Servs

This Site may include bulletin boards, chat rooms, and list servs (hereinafter “bulletin boards”) which allow feedback to HMMA and real time interaction between users. HMMA does not control the content or files delivered to the bulletin boards. In using these interactive services, you agree that you will not post, transmit, or otherwise distribute or facilitate distribution of any content that:

Victimizes, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on the intellectual property or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk email, spam mail, chain letters, or any other form of unauthorized solicitation;

Contains software viruses, worms, or any other computer code, files, or programs that are designed or intended to disrupt or damage any software, hardware, or telecommunications equipment or to obtain unauthorized access to any third party data or other information.

You also agree that you will not collect information about the users of this Site or use such information for any purpose. In addition, you agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years of age). Personal information includes, but is not limited to, name, nick name, address, phone number, email address, or name of their school.

HMMA generally does not monitor or edit the content posted by users of the bulletin boards. HMMA does, however, reserve the right, in its sole discretion, to remove any content that, in HMMA’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. HMMA is not responsible for any failure or delay in removing such content.

No Purchases by Minors

By ordering a product online from HMMA, you represent that you are 18 years of age or older. If a child under the age of 18 has ordered a product from HMMA without parental permission, the parent or guardian may return the product in accordance with the refund policy.

Taxes

You shall be responsible for the payment of all sales, use, and other similar taxes relating to any online purchase of any product from HMMA.

Postage and Handling

You shall also be responsible for the payment of all postage and handling charges relating to the purchase of any product online.

Disclaimer

HMMA, its affiliated entities, and their respective directors, officers, employees, and agents (the “HMMA Parties”) assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of any Content. Your use of this Site and Content is at your own risk. Under no circumstances shall the HMMA Parties be liable for any damages, including, without limitation, direct, incidental, special, consequential, indirect, or punitive damages, lost profits, lost data, or business interruption arising out of or your access to, inability to access, or use of, the Site even if HMMA has been advised of the possibility of such damages. HMMA does not warrant that this Site will be uninterrupted or error free or that this Site, the Content, or the Site’s server are free of virus. If your use of this Site or the Content results in the need for servicing or replacing property, material, equipment, or data, the HMMA Parties are not responsible for those costs.

Without limiting the foregoing, this Site, the software, products, services, and the Content are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NOT INFRINGEMENT. In jurisdictions that prohibit or limit warranty or liability disclaimers, the liability of the HMMA Parties shall be limited to the fullest extent allowed by law.

General Provisions

HMMA may revise these terms from time to time with the revised term taking effect as of the date of its posting. If any term is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

These terms shall be construed according to the laws of the State of Hawaii, United States of America, without regard to conflict of law principles. State of Hawaii courts have exclusive jurisdiction to resolve any claims or disputes relating to this Site or the Content, and you hereby consent to the exclusive jurisdiction of such courts. Any claim or cause of action you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

HMMA reserves the right to terminate your access to all or part of this Site, with or without notice.

Failure of HMMA to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against HMMA unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.

Procedure for Making Claims of Copyright Infringement

NOTE: This information is only to be used for reporting copyright infringement. All other inquiries, such as requests for technical assistance or reprint permission should be directed to info@HMMA.org.

If you believe that you hold a claim of copyright infringement against HMMA, please send notice of your claim to the following designated agent:

Service Provider: Hawaii Marine Mammal Alliance Inc.

Address to Which Notification Should Be Sent – 150 Hamakua Drive, #350, Kailua, HI 96734

To be effective, notification of your claim of copyright infringement must be in writing and must include the following information:

Description of the copyrighted work that you claim has been infringed.

Location where the original or an authorized copy of the copyrighted work may be found. For example, web site URL or name of the book in which the work is published.

Identification of the of the material that you claim is infringing.

Location (for example, the URL) where the material that you claim is infringing may be found. You must include enough information that is reasonably sufficient to permit HMMA to locate the material.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are either the copyright owner of the allegedly infringed work or are authorized to act on the copyright owner’s behalf.

Your signature. The signature may be either physical or electronic.

About Us Links

Mahalo

We thank the following people and organizations for providing some of the photographs and content on our website: Matt Chauvin, Melanie Chun, Diane Gabriel, Larry Hogan / Island Divers Hawaii, Carola Johnston, NOAA National Marine Fisheries Service and Hawaii DLNR Division of Aquatic Resources.